Article 1: General
1.1 These terms and conditions apply to every offer, quotation and agreement between Terras & Co BV, hereinafter referred to as: “Contractor”, and a Buyer to whom Contractor has declared these terms and conditions applicable, insofar as these terms and conditions are not explicitly and in writing by the parties. has deviated. General terms and conditions of Terras & Co BV are based and applied to Dutch legislation.
1.2 The present conditions also apply to agreements with the Contractor, for the implementation of which third parties must be involved by the Contractor.
1.3 These general terms and conditions are also written for the employees of the Contractor and his management.
1.4 The applicability of any purchase or other terms and conditions of the Buyer is expressly rejected.
1.5 If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be declared void, then the other provisions in these general terms and conditions remain fully applicable. The Contractor and the Buyer will then enter into consultation in order to agree new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and purport of the original provisions.
1.6 If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place “in the spirit” of these provisions.
1.7 If a situation occurs between parties that is not regulated in these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions.
1.8 If the Contractor does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the Contractor would lose the right to demand strict compliance with the provisions of these conditions in other cases.
Article 2: Offers and offers
2.1 All quotations and offers from the Contractor are without obligation, unless a period for acceptance has been set in the quotation. If no acceptance period has been set, no rights whatsoever can be derived from the quotation or offer if the product to which the quotation or the offer relates is no longer available in the meantime.
2.2 The Contractor cannot be held to its quotes or offers if the Buyer can reasonably understand that the quotes or offers, or a part thereof, contain an obvious mistake or error.
2.3 The prices stated in a quotation or offer are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping and administration costs, unless stated otherwise.
2.4 If the acceptance (whether or not on minor points) deviates from the offer included in the offer or the offer, the Contractor is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless the Contractor indicates otherwise.
2.5 A compound quotation does not oblige Contractor to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Article 3: Contract duration; execution times, risk transfer, execution and modification agreement; price increase
3.1 The agreement between the Contractor and the Buyer is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
3.2 If a period has been agreed or specified for the execution of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Buyer must therefore give the Contractor written notice of default. The contractor must thereby be offered a reasonable period of time to execute the agreement.
3.3 The contractor will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. All this on the basis of the current state of science.
3.4 The Contractor has the right to have certain work done by third parties. The applicability of article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is expressly excluded.
3.5 If work is performed by the Contractor or third parties engaged by the Contractor within the scope of the assignment at the location of the Purchaser or at a location designated by the Purchaser, the Purchaser will provide the facilities reasonably required by those employees free of charge.
3.6 Delivery takes place ex works from the Contractor. The Buyer is obliged to take delivery of the goods when they are made available to him. If the Buyer refuses to take delivery or fails to provide information or instructions that are necessary for the delivery, then the Contractor is entitled to store the goods at the Buyer’s expense and risk. The risk of loss, damage or depreciation passes to the Buyer at the moment when items are available to the Buyer.
3.7 The Contractor is entitled to execute the agreement in different phases and to invoice the executed part separately.
3.8 If the agreement is executed in phases, the contractor may suspend the implementation of those parts that belong to a subsequent phase until the Buyer has approved the results of the preceding phase in writing.
3.9 The Buyer will ensure that all data, which the Contractor indicates to be necessary or which the Buyer should reasonably understand to be necessary for the performance of the agreement, is provided to the Contractor in a timely manner. If the information required for the implementation of the agreement has not been provided to the Contractor in time, the Contractor has the right to suspend the performance of the agreement and / or to charge the Buyer for the additional costs resulting from the delay in accordance with the then usual rates bring. The execution period does not start until after the Buyer has made the data available to the Contractor. The Contractor is not liable for damage of whatever nature caused by the fact that the Contractor assumed incorrect and / or incomplete data provided by the Buyer.
3.10 If during the execution of the agreement it appears that for a proper implementation thereof it is necessary to change or supplement it, then the parties will proceed to adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or indication of the Buyer, of the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and / or quantitative respect, this may have consequences for what was originally agreed. As a result, the originally agreed amount can also be increased or decreased. The Contractor will provide a quotation thereof in advance as much as possible. In addition, the originally specified term of implementation can be changed by changing the agreement. Terras & Co BV General Terms and Conditions and Warranty Terms The buyer accepts the possibility of changing the agreement, including the change in price and period of execution.
3.11 If the agreement is amended, including an addition, the Contractor is entitled to implement it only after approval has been given by the person authorized within the Contractor and the Buyer has agreed to the price and other conditions specified for the implementation, including the time to be determined at which time it will be implemented. Failure or immediate implementation of the amended agreement does not constitute a breach of contract on the part of the Contractor and is not a reason for the Buyer to cancel or cancel the agreement.
3.12 Without failing to do so, the Contractor may refuse a request to amend the agreement if this could result in qualitative and / or quantitative respect, for example, for the work to be performed or the goods to be delivered in that context.
3.13 If the Purchaser should fail to properly comply with what it is obliged to do against the Contractor, then the Purchaser is liable for all damage caused directly or indirectly by the Contractor.
3.14 If the Contractor agrees a fixed fee or price with the Buyer, the Contractor is nevertheless entitled to increase this fee or price at any time without the Buyer being entitled in that case to terminate the agreement for that reason, if the an increase in the price arises from a power or obligation under the laws or regulations or is caused by an increase in the price of raw materials, wages, etc., or on other grounds that were not reasonably foreseeable when entering into the agreement.
3.15 If the price increase other than as a result of a change to the agreement amounts to more than 10% and takes place within three months after the conclusion of the agreement, only the Buyer who is entitled to an appeal to Title 5, Section 3 of Book 6 of the Dutch Civil Code is entitled terminate the agreement by a written statement, unless the Contractor:
– is then still prepared to execute the agreement on the basis of the originally agreed upon;
– if the price increase results from a power or an obligation resting on the Contractor under the law;
– if it is stipulated that the delivery will take place longer than three months after the conclusion of the agreement;
– or, upon delivery of an item, if it is stipulated that the delivery will take place longer than three months after the purchase.
Article 4: Suspension, dissolution and interim termination of the agreement
4.1 The Contractor is authorized to suspend the fulfillment of the obligations or to dissolve the agreement, if the Buyer does not, not fully or not timely, fulfill the obligations arising from the agreement, after the conclusion of the agreement, circumstances come to the knowledge of the Contractor that fear good grounds. that the Buyer will not fulfill its obligations if, at the conclusion of the agreement, the Buyer was requested to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient or if due to the delay on the part of the The buyer can no longer be required to fulfill the agreement under the originally agreed conditions.
4.2 The Contractor is furthermore entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if circumstances otherwise arise that are such that unchanged maintenance of the agreement cannot reasonably be assumed by the Contractor. needed.
4.3 If the agreement is dissolved, the Contractor’s claims against the Buyer are immediately due and payable. If the Contractor suspends compliance with the obligations, it retains its rights under the law and the agreement.
4.4 If the Contractor proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs arising in any way.
4.5 If the termination is attributable to the Buyer, the Contractor is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
4.6 If the Buyer fails to fulfill his obligations arising from the agreement and this non-compliance justifies termination, the Contractor is entitled to terminate the agreement immediately and with immediate effect without any obligation on his part to pay any compensation or compensation, while the Buyer, from in the case of non-performance, compensation or compensation is required.
4.7 If the contract is terminated prematurely by the Contractor, the Contractor will arrange for the transfer of work still to be performed to third parties in consultation with the Buyer. This unless the cancellation is attributable to the Buyer. If the transfer of the work entails additional costs for the Contractor, these will be charged to the Buyer. The Buyer is obliged to pay these costs within the specified period, unless the Contractor indicates otherwise.
4.8 In the event of liquidation, (application for) suspension of payment or bankruptcy, of seizure – if and insofar as the seizure has not been lifted within three months – at the expense of the Buyer, of debt restructuring or any other circumstance whereby the Buyer is no longer can freely dispose of its assets, the Contractor is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, the Contractor’s claims against the Buyer are immediately due and payable.
4.9 If the Purchaser cancels an order in whole or in part, then the work that has been carried out and the items ordered or prepared for it, plus any delivery and delivery costs thereof and the working time reserved for the execution of the agreement, will be integral be charged to the Buyer.
Article 5: Force majeure
5.1 The Contractor is not obliged to fulfill any obligation towards the Purchaser if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account by law, legal act or generally accepted views. .
5.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood by law and jurisprudence, all of external causes, foreseen or unforeseen, over which the Contractor cannot exert influence, but as a result of which the Contractor is unable to fulfill its obligations. . Strikes in the company of the Contractor or of third parties included. The Contractor also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the Contractor should have fulfilled its obligation.
5.3 During the period that the force majeure continues, the contractor can suspend the obligations under the agreement. If this period lasts longer than two months, then each of the parties General terms and conditions and warranty provisions Terras & Co BV is entitled to terminate the agreement, without obligation to compensate damage to the other party.
5.4 Insofar as at the time of force majeure the Contractor has partly fulfilled his obligations under the agreement or will be able to fulfill them, and the independent or fulfilled part is assigned independent value, the Contractor is entitled to fulfill or fulfill the already fulfilled part to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate agreement.
Article 6: Payment and collection costs
6.1 Payment must always be made within 10 days after the invoice date, in a manner to be indicated by the Contractor in the currency in which the invoice is made, unless otherwise indicated in writing by the Contractor. Contractor is entitled to invoice periodically. Terras & Co BV will always and only send the invoices electronically (by e-mail).
6.2 If the Buyer fails to pay an invoice on time, the Buyer is legally in default. The Buyer then owes an interest of 1.5% per month, unless the legal interest is higher, in which case the legal interest is due. The interest on the claimable amount will be calculated from the moment that the Buyer is in default until the moment of payment of the full amount due.
6.3 The Contractor has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest. The Contractor may, without being in default as a result, refuse an offer for payment if the Buyer designates a different order for the allocation of the payment. The contractor may refuse full repayment of the principal sum if the vacant and current interest and collection costs are not thereby also paid.
6.4 The Buyer is never entitled to set off what he owes to the Contractor. Objections to the amount of an invoice do not suspend the payment obligation. The Buyer who does not appeal to section 6.5.3 (articles 231 up to and including 247, book 6 of the Dutch Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
6.5 If the Buyer is in default or in default in the (timely) fulfillment of his obligations, then all reasonable costs for obtaining satisfaction out of court will be borne by the Buyer. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to the Voorwerk II Report. However, if the Contractor has incurred higher collection costs that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Buyer. The Buyer also owes interest on the collection costs.
Article 7: Retention of title
7.1 The goods delivered by the Contractor under the Contract remain the property of the Contractor until the Buyer has properly fulfilled all obligations arising from the contract (s) concluded with the Contractor.
7.2 The goods supplied by the Contractor that fall under the retention of title pursuant to paragraph 1. may not be resold and may never be used as a means of payment. The Buyer is not authorized to pledge or encumber the property subject to retention of title in any other way.
7.3 The Buyer must always do everything that can reasonably be expected of him to safeguard the property rights of the Contractor. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to immediately inform the Contractor thereof. The Buyer furthermore undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to provide the Contractor with the policy of this insurance for inspection upon first request. In the event of payment of the insurance, the Contractor is entitled to these tokens. Insofar as necessary, the Buyer undertakes to the Contractor in advance to lend his cooperation to everything that may prove to be necessary or desirable in that context.
7.4 In the event that the Contractor wishes to exercise its ownership rights referred to in this article, the Purchaser gives unconditional and irrevocable permission in advance to the Contractor and third parties to be designated by the Contractor to enter all those places where the Contractor’s property is located and to return it. take.
Article 8 – Return / Cancel
8.1 The Buyer is obliged to carefully examine the products on delivery to see whether the products meet the agreement. The Buyer must take into account small size and color differences of the products and information displayed on the website.
The product can only be returned if the product is returned unused in the original, undamaged packaging. The Buyer hereby bears the costs of the return shipment.
A purchase via the internet or by telephone (remote purchase) starts the reflection time on the day after the product is received. If an order has been made that is delivered in several shipments, the cooling-off period starts when the last part shipment is received.
8.2 Every order can be canceled free of charge, within 14 days after you have placed the order. Right of return only applies to consumers who live in the European Union and Norway and who have done the ‘remote purchase’. A Buyer who orders on company name but does not leave a correct VAT number will be regarded as a consumer. If the Buyer wishes to return a product, he can use the withdrawal form or by sending an email to Terras & Co BV via email@example.com. The order cancellation will be confirmed by e-mail. The Contractor must repay the purchase amount and the delivery costs. The Contractor may wait until the product has actually been returned or the buyer has provided proof that the product has been sent. The Buyer must pay the costs for the return.
In the written cancellation, the Buyer must at least state his or her name, address, e-mail, order number, IBAN number and possibly the reason. Buyers from abroad must state a BIC / Swift number of their own bank in addition to the IBAN.
8.3 Everything that is made as a commissioned product – custom-made – cannot be exchanged and / or returned. The assignment given is then binding, the revision right and the period of 14 days will expire.
8.4 Refund. When the Buyer invokes the right of return, he / she is entitled to a full refund of the purchase amount. This simply has to be in money, not a gift voucher or something similar. If payment has been made with a gift voucher, then repayment may be made in that form. “Full” reimbursement also includes the delivery costs and suchlike that were paid with the order. The Purchaser does pay the (transport) costs of sending it back.
8.5 The Buyer has the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation, the Buyer has another 14 days to return the product. The Buyer will be credited with the full order amount including shipping. Only the costs for return shipment to the web store are for the account of the Buyer. These costs depend on the weight and size of the shipment.
8.6 Terras & Co will refund the order amount due within 14 days after registration of the return, provided that the product has been returned in good order. The Buyer remains responsible for the product until it is back in the warehouse at Terras & Co. If the product does not arrive or is damaged, then Terras & Co cannot refund.
To repay amounts already paid (in advance), Terras & Co needs the IBAN of the Buyer. This IBAN must be the same as the account number for which payment has been made to Terras & Co BV. This i.v.m. possible fraud with repayments.
NOTE: As a Buyer, you are responsible for the product until it is back in our warehouse! If the product arrives damaged, we cannot refund you. You are therefore responsible for proper packaging of the product. In particular, think of fragile products. We advise you to return the product insured, so that you exclude this risk. Ask about this at the parcel service or the transport company of your choice.
You must state within 14 days that you want to return the order.
After receiving the report you will receive a confirmation by e-mail.
The unused product must be returned in the original packaging.
You are responsible for sending the return shipment that it arrives safely and undamaged.
You must pay the shipping / transport costs for the return.
After receiving the return shipment you will receive a confirmation from us.
The total invoice amount of the order will be returned to your account within 14 days after the product and the packaging have been returned undamaged.
The return address is:
Terras & Co BV
3316 KD Dordrecht
Article 10: Guarantees, research and complaints, limitation period
10.1 The goods to be delivered by the Contractor meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee referred to in this article applies to items that are intended for use within the Netherlands. For use outside the Netherlands, the Buyer must himself verify whether the use thereof is suitable for use there and meet the conditions that are imposed on it. In that case, the contractor may set other guarantee and other conditions with regard to the goods to be delivered or work to be performed.
10.2 The guarantee referred to in paragraph 1 of this article applies for a period of 1 year; invoice date, unless the nature of the delivery dictates otherwise or the parties have agreed otherwise. If the guarantee provided by the Contractor concerns an item produced by a third party, then the guarantee is limited to that which is provided by the producer of the item for it, unless stated otherwise.
10.3 Any form of guarantee shall lapse if a defect has arisen as a result of or results from improper or improper use thereof or use after the expiry date, incorrect storage or maintenance thereof by the Buyer and / or third parties if, without the Contractor’s written permission. , the Purchaser or third parties have made changes to the item or have attempted to make it, other items have been attached to it that do not need to be confirmed or if these have been processed or processed in a manner other than the prescribed manner. The Buyer is also not entitled to a warranty if the defect was caused by, or was the result of, circumstances beyond the Contractor’s control, including weather conditions (such as, but not limited to, extreme rainfall or temperatures), et cetera. Terras & Co BV cannot give any guarantee on all products (inter alia, Table fireplace / Built-in burner / Terrace fireplaces) that have been damaged by (rain) water, and therefore does not function properly anymore. It is, however, possible to have the fireplaces repaired for a fee to be determined.
10.4 The Buyer is obliged to investigate the goods supplied or have them examined, immediately at the time that the goods are made available to him or the relevant work is carried out. In addition, the Buyer should investigate whether the quality and / or quantity of the delivered corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard. Any visible defects must be reported in writing to the Contractor within seven days after delivery. Any non-visible defects must be reported to the Contractor in writing immediately, but in any case no later than within fourteen days, after discovery thereof. The report must contain a description of the defect that is as detailed as possible, so that the Contractor General Terms and Conditions and warranty provisions of Terras & Co BV is able to respond adequately. The Buyer must give the Contractor the opportunity to investigate a complaint or have it investigated.
10.5 If the Buyer complains in time, this does not suspend his payment obligation. In that case, the Buyer also remains obliged to purchase and pay for the otherwise ordered goods and what he has ordered the Contractor to do.
10.6 If a defect is reported later, the Buyer will no longer be entitled to repair, replacement or compensation.
10.7 If it is established that an item is defective and a timely complaint has been made in this regard, the Contractor will within a reasonable period after receiving a return thereof or, if a return ring is not reasonably possible, written notification of the defect by the Buyer, at the option of Contractor, replace or arrange for repair thereof or replace replacement fee to Buyer. In the event of replacement, the Purchaser is obliged to return the replaced item to the Contractor and to transfer ownership thereof to the Contractor, unless the Contractor indicates otherwise.
10.8 If it is established that a complaint is unfounded, then the costs incurred as a result, including the research costs incurred by the Contractor as a result, will be borne in full by the Buyer.
10.9 After the guarantee period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Buyer.
10.10 Contrary to the statutory limitation periods, the limitation period of all claims and defenses against the Contractor and the third parties involved by the Contractor in the execution of an agreement is one year.
Article 11: Liability
11.1 If the Contractor should be liable, then this liability is limited to the provisions of this provision.
11.2 The Contractor is not liable for damage of whatever nature caused by the fact that the Contractor relied on incorrect and / or incomplete information provided by or on behalf of the Buyer.
11.3 If the Contractor should be liable for any damage, then the liability of the Contractor is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
11.4 The liability of the Contractor is in any case always limited to the amount paid out by his insurer, as appropriate.
11.5 The contractor is only liable for direct damage.
11.6 Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, any reasonable costs incurred to compensate the Contractor’s faulty performance to the have the agreement answered, insofar as these can be attributed to the Contractor and reasonable costs incurred to prevent or limit damage, insofar as the Buyer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions. The contractor is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption.
11.7 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Contractor or his managerial subordinates.
11.8 The Buyer is obliged to ensure that the products delivered by the Contractor (Terras & Co BV), when used, do so in a safe manner and in a suitable, prescribed environment. The Buyer must ensure that the products are handled in a proper and safe manner. The Buyer is obliged to keep the delivered products as such in a correct, neat and safe way and to regularly carry out maintenance on the product.
Article 12: Disclaimer
The Buyer indemnifies the Contractor against any claims from third parties who suffer damage in connection with the implementation of the agreement and whose cause is attributable to parties other than the Contractor. If the Contractor may be sued by third parties on that basis, the Buyer is obliged to assist the Contractor both outside and in court and to immediately do everything that may be expected of him in that case. If the Buyer fails to take adequate measures, the Contractor is entitled to do so without notice of default. All costs and damage on the part of the Contractor and third parties that arise as a result are integrally for the account and risk of the Buyer.
Article 13: Intellectual Property
13.1 The Contractor reserves the rights and powers that accrue to it under the Copyright Act and other intellectual property regulations. The Contractor has the right to use the knowledge gained through the performance of an agreement for other purposes as well, insofar as no strictly confidential information from the Buyer is disclosed to third parties.
13.2 Security obligation Wbp
Based on Article 13; Personal Data Protection Act (Wbp), the Contractor is obliged to implement or have appropriate technical and organizational measures implemented to protect personal data against loss or any form of unlawful processing. Despite the fact that the Contractor has taken great care in storing and securing personal data, the Contractor informs the Buyer that when it proceeds to purchase a product in the Contractor’s webshop, the Buyer enters personal data in the system. When entering data, there is always a very small but unavoidable risk of leaking data.
Article 14: Applicable law and disputes
14.1 Dutch law applies exclusively to all legal relationships to which the Contractor is a party, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
14.2 The court in the place of business of the Contractor is exclusively authorized to take cognizance of disputes, unless the law prescribes otherwise. Nevertheless, the Contractor has the right to submit the dispute to the competent court according to the law.
14.3 Parties will only appeal to the courts after they have made every effort to resolve a dispute in mutual consultation.
Article 15: Location and change of conditions
15.1 The most recently placed version or the version as it applied at the time of the establishment of the legal relationship with the Contractor or quotation always applies.
15.2 The Dutch text of the general terms and conditions always determines the explanation thereof.
15.3 The Contractor reserves the right to change or supplement the General Terms and Conditions from time to time.
Terras & Co BV
3316 KD Dordrecht
www.terrasenco.nl / www.feuertisch-einbau.de / www.patiotablefire.com
Authorized representative: Jarno den Hartog
The Dutch Chamber of Commerce number: 81362846
The Dutch VAT Number: NL862057231B01
SWIFT / BIC Code: RABONL2U
This page was last modified on 07-01-2021.